Master Lease Purchase Agreement (Sample Only) Page 6
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(d)
All action required pursuant to this Master Lease necessary to effectuate the
transaction contemplated herein has been, or will be, taken promptly and in good
faith by Owner and its agents.
(e)
Owner has paid or will pay in full all bills and invoices for labor and material of
any kind arising from its ownership, operation, management, repair, maintenance,
or leasing of the Property, and there are no actual or, to the best of Owner’s
knowledge, potential mechanic’s lien or other claims outstanding or available to
any party in connection with the ownership, operation, management, repair,
maintenance, or leasing of the Property.
Between the Date of Possession and the conveyance contemplated by Article 11,
(f)
except as otherwise permitted by this Master Lease, no part of the Property will
be alienated, encumbered, or transferred in favor of or to any party whatsoever
other than to Purchaser or an assignee of Purchaser. There are no purchase
contracts, options, or any other agreements of any kind, oral or written, formal or
informal, choate or inchoate, recorded or unrecorded, whereby any person or
entity other than Owner will have acquired or will have any basis to assert any
right, title, or interest in, or right to possession, use, enjoyment or proceeds of, any
part or all of the Property.
(g)
There is no litigation, enforcement or permit revocation action, or proceeding
related to compliance with any applicable environmental laws, pending, to the
best of Owner’s knowledge (after due inquiry) or threatened against Owner.
(h)
Owner is not aware of any environmental condition, or any release, on, at, or
relating to the Property, or in the vicinity of the Property, that could give rise to an
action or liability under any law, statute, rule, regulation, ordinance, or common
law theory.
(i)
After due inquiry, Owner is not currently (a) generating, transporting or disposing
of hazardous materials, or (b) handling, manufacturing, possessing, or storing any
hazardous materials in violation of any applicable environmental laws.
(j)
To the best of Owner’s knowledge (after due inquiry), the Property has not been
used for the disposal of hazardous materials and has not been contaminated by
any hazardous materials.
(k)
To the best of Owner’s knowledge (after due inquiry), there are not presently, nor
have there ever been, any underground storage tanks located on the Property.
(l)
Owner has not awarded any concessions to any current tenant.
(m)
The Property does not contain any wetlands.
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